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Bill would require timely processing of rape evidence

posted Apr 19, 2016, 9:26 PM by Resty Manapat

A bill that would help bring justice for sexual assault
victims has moved out of the Senate Health Committee.

The bill (S.6430-a) would require that all sexual offense
evidence, known as “rape kits,” be tested in a timely manner and that they be
tracked. Too often DNA evidence related to sexual crimes gets collected and
then quietly swept under the rug. In New York state it is required that
all hospitals and clinics be equipped to collect evidence from victims, however
it may take months, or even years for it to be tested and put into the system,
if ever.

Currently, New York state does not have a standard for how
long after being collected rape kits must be tested. This lag time between
collection and testing prevents the DNA information from being entered in the
federal Combined DNA Index System (CODIS), which could help resolve open cases
faster.

Without testing and entering evidence into the CODIS,
rapists and sexual predators are sometimes able to slide through the cracks and
get away with their crimes. Victims, who were brave enough to come forward and
do their part to catch their assaulter, often do not get the retribution they
deserve.

“Victims of sexual assaults exhibit remarkable strength and
courage when they take the steps to submit evidence to law enforcement in order
to catch their attackers and prevent other similar crimes,” said Sen. Hannon,
R-Garden City, the bill’s sponsor. “This legislation would build upon the
progress New York has made in preventing and prosecuting sexual violence by
making certain that the DNA evidence collected is tested and used to get
justice for victims and to exonerate the innocent.”

The bill would ensure that every kit collected, with
priority to those already filed in the system, would be tested in a timely
manner. Although the specific time frame is not yet available it assures future
and past victims that their evidence will not go untested.

The bipartisan bill would not only assign specific time
frames for transmitting and processing new kits collected, but would also leave
longer time frames for kits collected before the passing of this legislation,
guaranteeing the backlog of old kits would not interfere with essential new
cases.

Additionally, the bill would coordinate transportation of
the kits to and from laboratories on a regular schedule, and provide law
enforcement agencies with appropriate funding for such testing.

Natasha Alexenko, founder of Natasha’s Justice Project, said
after she was raped at gunpoint, her rape kit sat collecting dust in New York
for nearly a decade.

“I am inspired by Senator Hannon’s relentless pursuit of
justice for survivors of this devastating crime. [This bill] empowers survivors
by acknowledging our importance in the investigative process. Passing S.6430-a
will bring systemic change to the way rape evidence is handled. This is a
public safety issue that affects the men, women and children. Rape kit reform
is long overdue in New York state.”

The 2016-2017 budget passed April 1 includes $1 million in
funding specifically for the local law enforcement agencies to use in testing
and processing sexual assault evidence.

The bill is in the Senate Finance Committee. There is no
companion bill in the Assembly.

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